RMA axe ramifications: Councils could get even tougher on consent applications

The Resource Management Act is due to be scrapped and replaced with three new acts. Photo / Getty Images

Developers and builders are eagerly awaiting one of the biggest legislation shake-ups in New Zealand history. The 30-year-old Resource Management Act is being scrapped and replaced with three new pieces of legislation. But how effective will those be? Councils are already struggling to keep up with consent demands. Carmen Hall reports.

A major shake-up of the Resource Management Act alone will not solve issues facing the housing sector.

NZ Master Builder Association national vice president Johnny Calley of Calley Homes in Tauranga. Photo / Supplied

That's the view of NZ Master Builder Association national vice-president Johnny Calley, of Calley Homes in Tauranga, who believes the council building consent system also needs to be reviewed.

''That is equally broken, so both need to be addressed. Governments have a reputation for making tweaks and amendments but the whole system needs to be reformed.''

In his opinion, there needed to be stricter governing of statutory obligations on councils in regards to consents.

Last month, the Tauranga City Council revealed nearly 300 of the 700 applications being worked through were over the 20-working day timeframe.

Calley wanted to see more accountability because if projects ran over by weeks, months, or even years, the councils weren't the ones covering that financial loss.

Classic Group director Peter Cooney. Photo / NZME

Classic Group director Peter Cooney said getting plan changes over the line under the RMA was a complex and expensive process.

''You have to follow every step ,and those can be quite arduous if someone wants to object or appeal. There are an awful lot of hoops to jump through.''

He said applications could be fast-tracked if the Minister for the Environment signed them off or if there was an RMA ombudsman that focused solely on complex consenting issues to help fast-track land and subdivisions, so as to be able to cut through the red tape.

''I believe the RMA amendment will go a long way towards solving some of these issues.''

Cooney said the company had spent four years getting a land change under the RMA for one of Tauranga's fastest-growing suburbs in Tauriko to enable houses to be built at pace.

''That has been very expensive and time-consuming, causing delays in releasing much-needed stock to the market."

Cooney said the RMA was due for a major overhaul.

Environment Minister David Parker. Photo / NZME

Minister for the Environment David Parker said there was a broad consensus that the resource management system introduced by the RMA had not adequately protected the natural environment or enabled development where needed.

''Ecosystems have been degraded by poorly managed cumulative effects, biodiversity lost, and the response to climate change challenges slow. The RMA has also under-delivered for our urban areas.''

Parker said on the housing front, new legislation should deliver efficiencies by providing clear national direction and consolidating regional and district plans.

These would improve the provision of housing and infrastructure.

Asked how the Government would hold councils to account, Parker said that was still under wraps.

''Decisions on this have not been made but the Government is considering how the new resource management system will improve the performance of councils.''

Tauranga City Council environmental planning manager Dan Smith said it supported the Government's objectives for a resource management reform.

''As with other high-growth councils around New Zealand, Tauranga City Council has struggled to respond effectively to urban development pressures under the current system.''

He said it had consistently processed about 85 per cent of consents within timeframes, which was well within the national average.

''It is something we are genuinely proud of, given that we are one of the fastest-growing cities in the country.''

Meanwhile, the resource consent process, changes in the RMA over the years, and the lack of suitable land for development have continued to get more complex, he said.

That required extra expertise and input from a number of specialists and interest groups across the city.

The City Plan objectives and policies represent the wishes of the community who were involved in The City Plan preparation, he said.

''These can be contrary to the wishes of developers and the community that are affected by a proposal. This does not mean Council is not doing its part in providing the best service possible.''

The team would be relying on the tools within the Act to meet timeframes, including getting tougher on and returning applications that don't meet the minimum requirements in terms of information, he said.

''Business as usual now means creating 'one point of contact' for developers, by allocating a planner to big projects and applications so that a planner becomes the contact for a developer.''

Rotorua Lakes Council development deputy chief executive Jean-Paul Gaston. Photo / NZME

Rotorua Lakes Council development deputy chief executive Jean-Paul Gaston said as new RMA legislation was confirmed the council would make the relevant, necessary changes.

''Any changes that make processes clearer and easier to support the enablement of good development for the benefit of our district is welcomed.''

He said the council was seeing a marked and ongoing increase in the number and complexity of consent applications.

''There are many factors that can impact timeframes. They're not always the fault of councils but our staff do their best to work collaboratively with consent applicants and/or their professional representatives to ensure as smooth and timely a process as possible.''

The skills shortage was also affecting its ability to recruit for vacancies but the council was continuing to look at opportunities to improve processes.

Bay of Plenty Regional Council consents manager Reuben Fraser said the council was looking forward to seeing the first drafts of the acts and providing feedback when it can.

The timeliness of its consent decision-making process was taken seriously and resource consent applications that did not require public notification were usually processed in 20 working days, he said.

Since January 1, 2020, the council had processed 808 of 835 non-notified applications within that timeframe.

''It's very early days, but we're supportive of any change to legislation that improves resource management.''

The Western Bay Council had been approached for comment.

What is replacing the RMA?

* Natural and Built Environments Act focused on land use and environmental regulation.
* Strategic Planning Act pulling together laws around development.
* Climate Change Adaptation Act (CAA) focused on managed retreat and its funding.